Report

The Legislative Assembly of British Columbia

Report

Special Committee to
Appoint a Police Complaint Commissioner

3rd Session, 40th Parliament

February 12, 2015

Table of Contents

Composition of the Committee

Terms of Reference

Introduction

Meeting Schedule

Committee Process

Recommendation

Biographical Information

 

Appendix A: Part 9 of the Police Act (RSBC 1996, c. 367)

Appendix B: Previous Appointment Provisions

 

February 11, 2015

To the Honourable
Legislative Assembly of the
Province of British Columbia

Honourable Members:

We have the honour to present herewith the Report of the Special Committee to Appoint a Police Complaint Commissioner containing our unanimous recommendation.

Respectfully submitted on behalf of the Committee,

MEMBERS

Committee Staff

Kate Ryan-Lloyd
Deputy Clerk and Clerk of Committees

On November 6, 2014, the Legislative Assembly agreed that a Special Committee be appointed to select and unanimously recommend the appointment of a Police Complaint Commissioner, pursuant to section 47 of the Police Act [RSBC 1996] c.367

The said Special Committee shall have the powers of a Select Standing Committee and in addition is empowered:

1. to appoint of their number one or more subcommittees and to refer to such subcommittees any of the matters referred to the Committee;
2. to sit during a period in which the House is adjourned, during the recess after prorogation until the next following Session and during any sitting of the House;
3. to adjourn from place to place as may be convenient; and
4. to retain such personnel as required to assist the Committee;

and shall report to the House as soon as possible, or following any adjournment, or at the next following Session, as the case may be; to deposit the original of its reports with the Clerk of the Legislative Assembly during a period of adjournment and upon resumption of the sittings of the House, the Chair shall present all reports to the Legislative Assembly.

The said Special Committee is to be composed of John Martin (Convener), Marvin Hunt, Eric Foster, Mike Farnworth, and Jennifer Rice.

The Police Complaint Commissioner serves the people of British Columbia by ensuring impartial civilian oversight of public complaints of misconduct involving municipal police.

The position of Police Complaint Commissioner was established in 1998 under Part 9 of the Police Act, in response to recommendations in the 1994 Oppal Commission Report, Closing the Gap: Policing and the Community. The 2007 Wood Report on the Review of the Police Complaint Process in British Columbia led to a strengthening of the role of the Office of the Police Complaint Commissioner through legislative amendments which were passed by the Legislative Assembly in 2010.

The RCMP is outside the jurisdiction of the Office – complaints of misconduct involving RCMP officers are reviewed by the Commission for Public Complaints Against the RCMP (which is being replaced under 2013 federal legislation by the Civilian Review and Complaints Commission for the RCMP).

In 2011, amendments to the Police Act established a separate Independent Investigations Office to investigate officer related incidents of serious harm and death. That office became operational in 2012.

Under the Police Act, the Police Complaint Commissioner is an independent officer of the Legislature. The formal appointment mechanism for the position is a resolution of the Legislative Assembly.

The current Commissioner, Stan T. Lowe, was initially appointed for a six-year non-renewable term starting on February 11, 2009 under the then-existing appointment provisions of the Police Act.

In May 2009, the Legislative Assembly adopted the Police (Police Complaint Commissioner) Amendment Act 2009, which amended the Commissioner’s appointment provisions to provide for an initial term of five years, which is renewable for a second term with a period of up to five years – resulting in a total maximum appointment period of ten years. The legislation included transition provisions to establish parallel conditions for the current Commissioner, setting the expiry of his first term on February 28, 2015, and allowing for his reappointment for a second term of up to four years – i.e., a total maximum appointment period of ten years. With respect to reappointment, the legislation further requires that a Commissioner must notify the Legislative Assembly at least six months before the end of the first term that she or he wishes to be considered for reappointment.

The May 2009 changes also provide for direct appointment of the Commissioner, as an officer of the Legislature, by resolution of the Legislative Assembly instead of by order of the Lieutenant Governor in Council, bringing the position in line with appointment provisions for other Statutory Officers.

In November 2014, the Special Committee to Appoint a Police Complaint Commissioner was struck to recommend the appointment of a Police Complaint Commissioner. The Committee held its first meeting on November 25, 2014, and undertook deliberations on December 11, 2014, and January 27, 2015.

During the third session of the 40th Parliament, the Committee considered the appointment of a Police Complaint Commissioner at the following meetings:

On November 25, 2014, the Committee held an organizational meeting and elected the Chair and Deputy Chair. The Committee was advised of the notification by the incumbent Police Complaint Commissioner of his interest in reappointment.

As a first step, the Committee met on December 11, 2014 to interview the incumbent Commissioner. During the interview, he was asked a comprehensive set of questions regarding professional experience, leadership style, organizational management, and suitability for reappointment.

The interview enabled Committee Members to undertake a review the Commissioner’s work and achievements since his appointment in February 2009. The Commissioner has: implemented 2010 statutory changes to the responsibilities of the Office; built up a more professional staff culture; and increased the use of evidence-based procedures and Alternative Dispute Resolution to resolve complaints. Pursuant to the Police Act, the Office of the Auditor General carried out an audit of selected complaints and investigations undertaken by the Office of the Police Complaint Commissioner between April 2010 and August 2012, and concluded that these were, in all significant respects, completed in compliance with the Act. The Commissioner has also strengthened the Office’s engagement of police agencies, stakeholders, and citizens, and advanced work on a vision for the future work of the Office.

After the interview was concluded, the Committee deliberated carefully on December 11, 2014, and January 27, 2015. Committee Members expressed confidence in the Commissioner’s continued ability to lead and manage the Office, acknowledging his achievements in fostering a professional staff culture, strengthening public engagement and outreach, and developing a vision for the possible future work of the Office.

Committee Members concluded that Mr. Lowe’s background, abilities, and experience would provide ongoing leadership for this important position, and agreed unanimously to recommend to the Legislative Assembly that he be reappointed as Police Complaint Commissioner for a term of four years.

The Committee unanimously recommends to the Legislative Assembly that:

Stan T. Lowe was born in Calgary and moved to Vancouver in 1985 to attend law school at the University of British Columbia. He obtained his law degree in 1988, was called to the British Columbia Bar in 1989, and began his legal career with Davis & Company in Vancouver.

Mr. Lowe joined the Vancouver Crown Counsel office in 1990 in pursuit of a career in the courtroom. In June 1991, he joined the Victoria Crown Counsel office on Vancouver Island. Mr. Lowe’s family had early roots in that community, as both his father and grandmother were born and raised in Victoria’s Chinatown. In the early 1900s, his grandfather worked as a cook at various establishments, including the CP Empress Hotel.

In 1996, Mr. Lowe joined the Major Crimes Prosecutions Unit for Vancouver Island, and for nine years he prosecuted primarily murder cases. During this period, he liaised with numerous municipal police departments and the RCMP. During his tenure in the Major Crimes Unit, he also participated in the Provincial Residential School Prosecutions Project where he had conduct of a prosecution involving multiple victims who attended Kuper Island Residential School in the 1960s. In 2005, he became Communications Counsel for the Criminal Justice Branch, serving as a member of Executive Branch Management, where he shared his expertise in a number of areas.

Throughout his 25 years as a public servant, Mr. Lowe has been a guest lecturer on legal topics related to police training including the Major Crime Investigators Course, Senior Investigators Course, and Undercover Operations Course. He has also lectured to professional standards officers in BC on the law regarding the use of force and served as the President of the Canadian Association for Civilian Oversight of Law Enforcement.

Since his appointment as the Police Complaint Commissioner for British Columbia in February 2009, Mr. Lowe has expanded the use of alternative dispute resolution at the Office of the Police Complaint Commissioner, helping complainants and officers to reach fair outcomes and providing participants with more positive and meaningful outcomes.

Mr. Lowe’s primary objective remains to promote both public and police confidence in the police complaint process and to improve the public perception of policing through an oversight system which demonstrates that police are able to professionally address complaints and uphold a high standard of professional conduct.

Mr. Lowe and his wife Christine have three daughters.

Part 9 — Office of the Police Complaint Commissioner

Division 1 — Interpretation

Division 2 — Police Complaint Commissioner

Division 3

Division 4

Division 5

Division 6

Division 7

Appointment Provisions in Effect in February 2009

The current Police Complaint Commissioner was initially appointed for a six-year non-renewable term starting on February 11, 2009 under the then-existing appointment provisions of the Police Act. These provisions follow.

Division 2 -- Police Complaint Commissioner

Police complaint commissioner

47 (1) On the recommendation of the Legislative Assembly, the Lieutenant Governor in Council must appoint as the police complaint commissioner a person, other than a member of the Legislative Assembly, who has been unanimously recommended for the appointment by a special committee of the Legislative Assembly.

(2) The police complaint commissioner is an officer of the Legislature.

(3) Subject to section 48, the police complaint commissioner holds office for a term of 6 years.

(4) A person who is appointed under this section is not eligible to be reappointed as police complaint commissioner.

Resignation, removal or suspension of police complaint commissioner

48 (1) The police complaint commissioner may resign at any time by notifying the Speaker of the Legislative Assembly or, if there is no Speaker or the Speaker is absent from British Columbia, by notifying the Clerk of the Legislative Assembly.

(2) The Lieutenant Governor in Council must remove the police complaint commissioner from office or suspend the police complaint commissioner for cause or incapacity on the recommendation of 2/3 of the members present in the Legislative Assembly.

(3) If the Legislative Assembly is not sitting, the Lieutenant Governor in Council may suspend the police complaint commissioner for cause or incapacity.

Acting police complaint commissioner

49 (1) The Lieutenant Governor in Council may appoint an acting police complaint commissioner if one of the following applies:

(a) the office of police complaint commissioner is or becomes vacant when the Legislative Assembly is not sitting;

(b) the police complaint commissioner is suspended when the Legislative Assembly is not sitting;

(c) the police complaint commissioner is removed or suspended or the office of the police complaint commissioner becomes vacant when the Legislative Assembly is sitting, but no recommendation is made by the Legislative Assembly under section 47 (1) before the end of the session;

(d) the police complaint commissioner will be temporarily absent for more than 30 days because of illness or any other reason.

(2) An acting police complaint commissioner holds office until the first of the following occurs:

(a) a person is appointed under section 47 (1);

(b) the suspension of the police complaint commissioner ends;

(c) the Legislative Assembly has sat for 20 days after the date of the acting police complaint commissioner's appointment;

(d) the police complaint commissioner returns to office after a temporary absence.

Appointment Provisions Adopted in May 2009

In May 2009, the Legislative Assembly adopted the Police (Police Complaint Commissioner) Amendment Act 2009. The legislation amended the above appointment provisions to provide for an initial term of five years, which is renewable for a second term with a period of up to five years – for a total maximum appointment period of ten years. The legislation included transition provisions to establish parallel conditions for the current Commissioner, setting the expiry of his first term on February 28, 2015, and allowing for his reappointment for a second term of up to four years – for a total maximum appointment period of ten years.

The provisions of the May 2009 legislation follow.

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 46 (1) of the Police Act, R.S.B.C. 1996, c. 367, is amended by adding the following definition:

"committee" means the special committee of the Legislative Assembly that the Legislative Assembly specifies for the purposes of sections 47 to 49; .

2 Sections 47 to 49 are repealed and the following substituted:

Appointment of police complaint commissioner

47  (1) The Legislative Assembly, by resolution, may appoint as the police complaint commissioner a person to exercise the powers and perform the duties assigned to the police complaint commissioner under this Act.

(2) The police complaint commissioner and any acting police complaint commissioner appointed under this Act are officers of the Legislature.

(3) Subject to section 48, the police complaint commissioner holds office,

(a) on being appointed to a first term, for 5 years, and

(b) if appointed for a 2nd term, for a period of up to 5 years as specified in the reappointment resolution.

(4) The Legislative Assembly may not appoint a person under subsection (1) who has not previously been appointed police complaint commissioner, unless the committee unanimously recommends the appointment of the person.

(5) The Legislative Assembly may not appoint a police complaint commissioner for a 2nd term under subsection (1) unless

(a) the police complaint commissioner notifies the committee at least 6 months before the end of the first term that she or he wishes to be considered for reappointment, and

(b) the committee unanimously recommends the reappointment within 60 days of being notified by the police complaint commissioner under paragraph (a) of this subsection.

(6) A person must not be appointed under subsection (1) for a 3rd or subsequent term.

Resignation, suspension or removal of police complaint commissioner

48  (1) The police complaint commissioner may resign from office at any time by giving written notice

(a) to the Speaker of the Legislative Assembly, or

(b) if the Speaker is absent from British Columbia or there is no Speaker, to the Clerk of the Legislative Assembly.

(2) By a resolution passed by 2/3 or more of the members present in the Legislative Assembly, the police complaint commissioner, for cause or incapacity, may be suspended from office, with or without salary, or removed from office.

(3) If the Legislative Assembly is not sitting and is not scheduled to sit within 5 days, the committee, by unanimous resolution, may suspend the police complaint commissioner for cause or incapacity, with or without salary, for a period that must be set by the committee to end not later than on the expiry of a further 20 sitting days of the Legislative Assembly.

Appointment of acting police complaint commissioner

49  (1) If the police complaint commissioner is suspended under section 48 or the office is vacant, the Legislative Assembly, by resolution and on the recommendation of the committee, may appoint an acting police complaint commissioner to exercise the powers and perform the duties of the police complaint commissioner under this Act until the suspension ends or an appointment is made under section 47 (1).

(2) If the police complaint commissioner is suspended under section 48 or the office is vacant, and if the Legislative Assembly is not sitting and is not scheduled to sit within 5 days, the committee, by resolution, may appoint an acting police complaint commissioner to exercise the powers and perform the duties of the police complaint commissioner under this Act,

(a) if the police complaint commissioner is suspended under section 48 (2), until the suspension ends,

(b) if the police complaint commissioner is suspended under section 48 (3), for the period set by the committee under that provision, or

(c) if the office of the police complaint commissioner is vacant, until an appointment is made under section 47 (1).

3 The following section is added:

Oath of office

49.1  Before beginning to exercise powers and perform duties under this Act, the police complaint commissioner and any acting police complaint commissioner must take an oath before the Clerk of the Legislative Assembly

(a) to faithfully and impartially exercise those powers and perform those duties, and

(b) not to divulge any information received under this Act, except as permitted under this Act.

4 Section 50 (3) (e) is amended by striking out "the Attorney General" and substituting "the minister".

5 Section 50.1 is repealed and the following substituted:

Remuneration, expenses and application of Public Sector Pension Plans Act

50.1  (1) The police complaint commissioner is entitled

(a) to be paid, out of the consolidated revenue fund, a salary equal to the salary paid to the chief judge of the Provincial Court of British Columbia, and

(b) to be reimbursed for reasonable travelling and out-of-pocket expenses personally incurred in exercising the powers and performing the duties of the police complaint commissioner under this Act.

(2) The public service plan as defined in section 1 (1) of the Public Sector Pension Plans Act applies to the police complaint commissioner.

Transition — appointment and pension of police complaint commissioner

6  (1) Subject to subsection (2), the police complaint commissioner holding office on the date that this section comes into force is deemed to have been appointed under and in accordance with section 47 of the Police Act, as enacted by this Act.

(2) Subject to section 48 of the Police Act, as enacted by this Act, the police complaint commissioner referred to in subsection (1) of this section holds office

(a) for a first term ending February 28, 2015, and

(b) if appointed for a 2nd term, for a period of up to 4 years as specified in the reappointment resolution.

(3) Section 50.1 (2) of the Police Act, as enacted by this Act, applies to the police complaint commissioner referred to in subsection (1) of this section effective February 13, 2009.

(4) This section is retroactive to the extent necessary to give it effect on and after February 13, 2009.

Commencement

7  This Act comes into force on the date of Royal Assent.

© 2015 Legislative Assembly of British Columbia

Top | Printable Version  (PDF) | Appoint a Police Complaint Commissioner Committee